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United States v. Oakley

July 20, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROY LYNN OAKLEY, DEFENDANT.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

Varlan / Guyton

MEMORANDUM AND ORDER

On July 19, 2007, the above-named defendant appeared before this Court for an initial appearance and arraignment on an indictment filed July 18, 2007. Defendant Roy Oakley was present with his attorneys Herbert S. Moncier and David Weigler. Asistant United States Attorney David Dake was present on behalf of the United States. A short time before this appearance, Attorney Moncier manually filed Motion for Relief From EDTN Local Rule 83.2 to Permit Counsel to Speak Publicly as Permitted by Tenn. Sup. Ct. R. 3.6(c) in Response to Department of Justice Leaks. Just before the courtroom appearance, counsel also manually filed a Supplemental Motion along with a number of attachments and a videotape describing the publicity developing around this indictment. AUSA Dake had not had a full opportunity to review the filings and stated that the government had no position, given his understanding of the motions and the state of the rules.

The Court has reviewed the basis for Mr. Oakley's Motion for Relief From EDTN Local Rule 83.2 to Permit Counsel to Speak Publicly as Permitted by Tenn. Sup. Ct. R. 3.6(c) in Response to Department of Justice Leaks and finds the motion well-taken. The Local Rules of the United States District Court for the Eastern District of Tennessee have expressly adopted the Rules of Professional Conduct promulgated by the Supreme Court of Tennessee. LR 83.6 provides:

LR83.6 Rules of Professional Conduct

The Rules of Professional Conduct adopted by the Supreme Court of Tennessee are hereby adopted as rules of professional conduct insofar as they relate to matters within the jurisdiction of this court.

The Tennessee Rules of Professional Conduct provide that:

Rule 3.6 Trial Publicity

(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extra-judicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

(b) Notwithstanding paragraph (a), a lawyer may state:

(1) the claim, offense, or defense involved and, except when prohibited by law, the identity of the persons involved;

(2) information contained in a public record;

(3) that an investigation of a matter is in progress;

(4) the scheduling or result of any step ...


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